United States v. Hillsman

522 F.2d 454 (1975)

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Nature of the Case

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Facts

Hillsman (D) and Bush (D) were with two to three hundred people attending a funeral in Gary, Indiana. Several DEA agents were conducting surveillance and were in ordinary street clothes and drove unmarked cars. Agent Munson was equipped with a videotape camera, filming those leaving the funeral home when a group of blacks asked him to stop filming and leave. One member of the crowd, Hanyard, began shoving and hitting Munson when he continued to film the mourners. Agent Rhodes observed Hanyard's attack and drew his revolver and assumed a combat position. Before he could get off a shot, he was either pushed from the rear or lost his footing and fired the weapon. The bullet grazed Hanyard and killed Albert Griffin, an innocent bystander. Rhodes claimed that he told everyone that he was a federal agent and then told Munson that they should leave. As Rhodes got to his car, a group of mourners began running after him, and as he drove away, shots were fired at the car. One bullet struck the car but not Rhodes. D's were identified as those that had fired at the car. They claimed that they were only trying to stop a fleeing felon. A requested jury instruction about their reasonable belief that Rhodes was a fleeing felon was denied. D were convicted and appealed.